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Anne I-Pin Shaw
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Anne Shaw’s Answers

18 total


  • What is the penalty for filing a fraudulent lien against a homeowner in Illinois?

    A GC filed a lien against my home even after he signed a lien waiver and after I fired him. This was an FHA 203K project and I also have a letter from the HUD Consultant stating the GC the was wrong for doing this. The HUD Consultant is willing ...

    Anne’s Answer

    You could also file a quiet title action in addition to a 30 day demand to foreclose. These are actions to clear the lien and you may be able to recover attorney's fees as well as damages. You definitely should consult with an attorney as this area of law is complicated.

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  • CAN YOU HELP ME FIND THE RIGHT CATEGORY OF ATTORNEY?

    This would be for a case in Cook County Illinois , a Partitions Lawsuit, to include Accounting. I'm hoping to find someone who has handled such cases often enough to have practical advise , acquired from actual cases/knowledge of outcomes.

    Anne’s Answer

    I agree with the others - you want someone with real estate litigation experience and in Cook County this matter would likely end up in Chancery Court. Depending on what kind of partition it is - there could also be probate issues.

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  • I have been separated from my wife for approx 12 years - i already pay child support threw court order -

    we have no assets together - i do not have money to hire attorney - but i need to get his done asap - i want to move on with my live - is there a place in Chicago i can get help - cheap

    Anne’s Answer

    We may be able to help you, if this divorce will be uncontested and child support, custody and visitation issues have been essentially resolved. Our fees start at a flat rate and are designed for people like you and your wife. You can learn more about our firm at our website.

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  • If my daughter purchased a home with me, with her name appearing 1st. But no longer wants any interest in property and has

    written a letter stating no further interest before a notary . Is this document acceptable towards getting her name removed of of title & deed or are there other forms required ?

    Anne’s Answer

    No it is not enough. Your daughter must execute a quitclaim deed transferring her interest in the property to you. Something to consider, if there is a mortgage on this property and your daughter is on the loan and mortgage, simply quitclaiming her interest in the property to you will not remove her obligations on the loan and mortgage, You and her would then need to contact the lender to see if the lender will allow her name and obligations to be removed from the loan and mortgage. Or you may have to refinance the loan and mortgage so that only you are the mortgagee. One other thing to consider, your loan and mortgage may not allow a change in ownership of the property without the lender's consent. Make sure you contact an attorney who knows what she is doing because the document itself must be properly prepared with the proper transfer documents and recorded in the County where the property is located.

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  • I am disabled living on disability social security and I want to file a chapter seven can I keep my car it is paid for, ?

    I have a chronic illness I am upside down in my mortgage and plan to keep my house. I also need my car to travel to the doctor what are my chances of keeping my vehicle filing a chapter seven. I spoke to a attorney she said the trustee might have ...

    Anne’s Answer

    There are dollar exemptions allowable and your car's value may fall under the exemption. I would definitely seek the opinion of another bankruptcy attorney. My concern is also that it appears your only income is disability and you might not be able to complete a 13 plan. Also I have seen some attorneys convince people to do 13s because their legal fees are much bigger.

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  • I am losing my deeded parking for 30 days due to condo garage repairs. Is the association responsible for the cost of parking?

    Condo in Chicago, Illinois.

    Anne’s Answer

    Most likely not, especially if your parking space, though deeded, is considered a limited common element in your condo associations declarations and by laws. As a limited common element, they have the right to make repairs.

    You can check your declarations and bylaws or rules to see if there is an allowance for reimbursement.

    They might be liable if the repairs were due to some negligence of the association. I would need more info, but as a general rule most likely not for the reasons I stated above.

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  • I want to file bankruptcy on my house, can not afford a lawyer so I want to do the filing on own.

    I need to know do I file Chapter 13, 11 or 7.. What forms do I use to file for bankruptcy, what court do I file this under....

    Anne’s Answer

    The first contributor gave you a link, but do some research - an attorney can be affordable. Its worth at least seeking your local advice because there are many pitfalls to filing for bankruptcy and it is very technical. If done incorrectly, your bankruptcy could be dismissed and you barred from filing for some time, or you could lose assets you did not even think you would lose. You could also be liable for the amounts you paid to certain creditors within a certain time limitation.

    This is not legal advice, but a strong admonishment that you should talk to an attorney with expertise in bankruptcy about your situation.

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  • What is the cost for a lawyer to write a divorce decree .

    But I will do pro-se in court.

    Anne’s Answer

    I agree with the above posters. If this is an uncontested matter, you would be surprised how affordable an attorney could be and the reassurance that your divorce will be completed in a professional manner that protects your rights. Divorce unfortunately can often times result in unexpected surprises and consequences. Its worth at the very least to evaluate firms and the firm's philosophy. If you truly are unable to afford an attorney and fit within the income requirements, you may be able to obtain help on a pro bono basis from a pro bono clinic.

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  • I own a home with my ex girlfriend she is on the deed but not the loan papers can she legally move someone in without my consent

    i moved out temporarily.

    Anne’s Answer

    If she is on the deed than she is also an owner of the property and she can invite people as an owner. You would have to remove her from the deed and that can be tricky, especially with a mortgage on the property that I am going to guess is in your name alone. You definitely need to consult an attorney on this.

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  • Do I have to split the house or buy him out if I file for divorce.

    When I married 3 years ago I owned home for 8 years prior. Once married I added my husband to the house via a Quick Claim Deed. I have one school age child that lives with me from a previous marriage.

    Anne’s Answer

    You will need your husband to execute a quit claim deed back to you for his interest under the quit claim deed. I am not sure how you added him (as a joint tenant or as tenants by the entirety), but either way this must be done in order to give you full ownership of the house. How you obtain that quit claim deed from your husband may be negotiated. Illinois is an equitable distribution State so you may not have to split the house or the equity 50/50 with him. The fact that you owned the home for those many years before the marriage is significant, but the Court will also want to look at whether or not your husband put any money into the property or helped pay the mortgage and other costs and maintenance of the property. You should seek the advice of an attorney.

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